Mississippi Negligence and Personal Injury Questionnaire

State:
Multi-State
Control #:
US-Q1030
Format:
Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.

Mississippi follows a ?pure comparative negligence? law when determining liability for accidents. Under this rule, accident victims can seek compensation for their injuries and other losses even if they are as much as 99 percent at fault for the accident.

The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.

Most civil lawsuits for injuries allege the defendant was negligent. To win a negligence lawsuit, the injury victim must establish four elements: 1) the defendant owed a duty of care to the victim, 2) they breached their duty of care, 3) the breach caused the injury, and 4) the victim suffered damages.

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

In personal injury cases, negligence is the basis for most claims. To prove negligence, you must establish four key elements: duty, breach of duty, causation, and damages.

Mississippi has a pure comparative negligence system. This means that you can still recover damages even if you are 99% at fault for your injuries. In a ?modified comparative fault" court system, used by the majority of states now, the plaintiff only recovers if they are found less than 50% or 51% at fault.

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Mississippi Negligence and Personal Injury Questionnaire